Terms and Conditions

In these terms and conditions, the following words and phrases shall have the meanings set out beside them, unless the context indicates otherwise:

1. User: Refers to any person who accesses or uses our platform, whether registered or not.
2. Content: Pertains to any material, including but not limited to text, graphics, images, and multimedia, made available on scented.ai.
3. Account: Represents the registered profile of a user, complete with login credentials and personal settings.
4. Service: Refers to all the functionalities, tools, resources, and information provided by scented.ai.
5. Third-party: Any individual, company, or entity that is not directly affiliated or owned by scented.ai.
6. Platform: Refers to the scented.ai website, mobile application, or any other digital interface where scented.ai is accessible.
7. Review: A user's written or multimedia feedback or commentary about a specific perfume or related product available on scented.ai.
8. Pro Subscription: A paid subscription tier (available on various billing cycles as displayed in the app) that unlocks additional features on the platform, including additional recommendations, magic searches, and custom lists without limits.
9. RevenueCat: A third-party subscription management service used by scented.ai to manage Pro subscription entitlements, billing cycles, and purchase validation via the Apple App Store and Google Play.

By understanding these definitions, users can better grasp the terms and conditions set forth in this document. If any terms within this document are unclear, please refer back to this section for clarity or contact our support team for further assistance.

Our Service is available exclusively through the Apple App Store and Google Play, both rated for users aged 16 and over. By downloading and using our app, you confirm that you are at least 16 years old.

We do not knowingly collect personal data from users under 16. If we become aware that a user under 16 has registered, we will promptly delete their account and associated personal data. To report a potential underage account, contact us at support@scented.ai.

1. Process: To access certain features and services provided by scented.ai, users may be required to register and create an account. During the registration process, users will be prompted to provide specific personal information to set up their profile.
2. Information Required: The following details are required for account creation: Email Address, Password, Username, Country of Residence. Gender is optional — you may select "don't want to answer".
3. Data Collection and Use: We collect personal data about our users only when it is absolutely necessary. The data we collect depends on the context of your interactions with our application, the choices you make, and the features you use. Data is collected for providing service enhancements, processing transactions, and improving user experiences.
4. Account Security: Users are responsible for maintaining the confidentiality of their account information, including their password. scented.ai advises users to choose a strong and unique password for their account. Any activities under a user's account will be deemed to have been done by the user, and any liabilities arising from such activities will be borne by the user.
5. Account Modification: Registered users can edit or update their profile details at any time through the settings option in their account. If users wish to deactivate or delete their account, they can do so through the account settings or by contacting our support team.

Note on Sign in with Apple: If you sign in using Sign in with Apple, Apple may provide a private relay email address in place of your real email address. We will use this address solely to communicate with you and manage your account.

Note on Sign in with Google: You may register or sign in using Google Sign-In. By doing so, you agree to Google's Terms of Service in addition to ours. Your scented.ai account will be linked to the email address of your Google account. If you lose access to your Google account, account recovery options within scented.ai may be limited. You are responsible for maintaining access to your linked Google account.

1. General Use: scented.ai provides a platform for users to explore, learn about, and potentially purchase perfumes. By accessing and using scented.ai, users agree to use the Service in accordance with these terms and conditions and any applicable laws and regulations.
2. Acceptable Conduct: Users are expected to interact with the platform and other users in a respectful and courteous manner. Misrepresentation, harassment, spamming, or any form of deceptive behavior is strictly prohibited.
3. Content Interaction: Users are free to browse, comment on, and share the content available on scented.ai. However, all interactions should be constructive, respectful, and in line with the platform's ethos. Abusive, discriminatory, or inappropriate comments are not allowed and may result in penalties, including account suspension.
4. Intellectual Property: All content, designs, logos, and other materials provided by scented.ai are the property of scented.ai or its licensors and are protected by copyright and other intellectual property laws. Users may not reproduce, distribute, modify, or use such content without explicit permission from scented.ai.
5. Service Availability: While scented.ai endeavors to ensure that the platform is available at all times, there may be occasions when the Service may be interrupted, including for maintenance, updates, or due to unforeseen circumstances. scented.ai does not guarantee uninterrupted access and may temporarily or permanently suspend access without notice.
6. Third-Party Interactions: scented.ai may integrate or offer links to third-party services. While these are provided for convenience, scented.ai is not responsible for the content, products, or services of these third parties. Users are encouraged to review the terms and conditions of any third-party service they engage with.
7. Limitations: scented.ai reserves the right to limit or restrict access to certain features, tools, or sections of the platform based on user behavior, account type, or for other reasons deemed appropriate by the platform.
8. Updates: From time to time, scented.ai may release updates or new features. Users are encouraged to keep their applications updated to enjoy the full range of services offered.

By utilizing the scented.ai platform, users acknowledge and agree to adhere to these guidelines and recognize that violations may result in penalties, up to and including account termination.

1. Ownership of scented.ai Content: All content present on scented.ai, including but not limited to text, graphics, logos, designs, and software, is the intellectual property of scented.ai or its licensors and is protected by international copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, or distribution of this content, without explicit permission from scented.ai, is strictly prohibited.
2. User-Generated Content:

• Reviews: Users have the right to contribute their personal reviews on perfumes. By submitting a review, users grant scented.ai a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, display, adapt, and distribute the review across its platforms and channels.
• Photos: When users upload photos of perfumes, they grant scented.ai a similar non-exclusive, royalty-free, perpetual, and worldwide license to use, display, and distribute these photos. Users must ensure they have the rights to any photo they upload and that it does not infringe upon the rights of any third party.

3. User Representations: By submitting any content to scented.ai, users represent and warrant that:

• They are the original author or have obtained the necessary rights to use and permit scented.ai to use the content.
• The content does not infringe upon the copyrights, trademarks, rights of privacy, or any other intellectual property or other rights of any person or entity.
• The content does not violate any law, statute, ordinance, or regulation.

4. Protection of Intellectual Property: scented.ai respects the intellectual property rights of others and expects its users to do the same. Any user found to be infringing upon the intellectual property rights of others may face penalties, including but not limited to, the removal of infringing content and account suspension or termination.
5. Reporting Infringements: If users believe that their intellectual property rights have been infringed upon by content on scented.ai, they should promptly contact our support team with a detailed complaint, ensuring they provide sufficient evidence for their claim.
6. Our mobile application primarily provides information generated by our proprietary algorithms. Additionally, we present data collected from official websites and other publicly accessible sources. This content is used strictly for informational purposes. We do not claim ownership of this content. If you believe that any content used within our application infringes upon your copyright, please contact us directly.

By interacting with scented.ai and contributing content, users acknowledge and agree to these intellectual property terms and accept their responsibilities in upholding them.

Our service aggregates and displays user reviews collected from across the internet, we do not interfere with the results of the algorithms. The ratings and reviews reflect the collective opinions of the public and are presented as an aggregated score to assist users in making informed decisions. We do not independently assess each product; therefore, the views and ratings displayed within our application do not constitute our endorsement or evaluation of the quality or value of any perfume.

1. Affiliate Program Integration: scented.ai incorporates an affiliate program that provides users with links and suggestions on where they can purchase perfumes. These links direct users to third-party websites and platforms.
2. Disclaimer: Although these third-party links are provided for user convenience, scented.ai does not control or oversee the content, products, or operations of these external websites. Therefore, scented.ai is not responsible for the accuracy, compliance, legality, or any other aspect of the content or services provided by these third parties.
3. User Responsibility: Users are encouraged to exercise caution and discretion when accessing third-party links. It is advisable to review the terms of service, privacy policies, and other relevant documentation of third-party sites before making any purchases or engaging in transactions.
4. Affiliate Commissions: As part of our affiliate program, scented.ai may earn commissions from qualifying purchases made by users when they access and buy products through the provided third-party links.
5. No Endorsement: The inclusion of third-party links on scented.ai does not imply endorsement, sponsorship, or association with these third parties.

1. Pro Subscription Plans: scented.ai offers a Pro Subscription on various billing cycles. Pro subscribers gain access to additional features including extra recommendations, magic searches, and custom lists without limits. Available billing cycles and pricing are displayed in the app at the time of purchase.
2. Payment Processing: Payment will be charged to your iTunes Account (Apple ID) or Google Play Account at confirmation of purchase. scented.ai does not collect or store payment card information. Your payment credentials are governed by Apple's or Google's respective privacy policies.
3. Subscription Management via RevenueCat: We use RevenueCat to manage subscription entitlements, billing cycles and purchase validation. RevenueCat receives your App User ID, store platform (iOS App Store or Google Play), billing country, and purchase receipt data from Apple or Google. RevenueCat does not receive your payment card details.
4. Renewals: Subscriptions automatically renew at the end of each billing cycle unless auto-renewal is turned off at least 1 hour before the end of the current period. Your account will be charged for renewal within 1 hour prior to the end of the current period. Renewal pricing is displayed within the app.
5. Cancellation: Auto-renewal may be turned off at any time by going to your Account Settings after purchase (App Store or Google Play). Cancellation takes effect at the end of the current billing period; you retain access to Pro features until that date. Please note: deleting your scented.ai account does not automatically cancel your subscription. You must turn off auto-renewal separately through your Account Settings to avoid future charges.
6. Billing Records: Transaction IDs, purchase receipts, and billing records are retained for a minimum of 7 years from the transaction date as required by applicable tax and accounting laws. These records may persist after account deletion.
7. Refunds: All refund requests are handled by Apple or Google in accordance with their respective refund policies. scented.ai does not process refunds directly.
8. EU Right of Withdrawal: If you are a consumer in the EU or EEA, you have a statutory right to withdraw from a purchase within 14 days without giving a reason. However, by starting your Pro subscription immediately upon purchase, you expressly request immediate commencement of the service and acknowledge that you lose your right of withdrawal once the service has been fully performed or, where performance has begun, you acknowledge the right of withdrawal is lost upon commencement. This does not affect any rights you have under mandatory consumer protection laws of your country of residence.

Users who registered a Scented.ai account before the release of version 1.2.0 ("Pioneer Members") are granted unlimited perfume collections as a thank-you for their early interest and support.

This benefit is awarded at our discretion and is personal to the registered account. It is non-transferable and does not apply to new accounts created after the release of version 1.2.0.

We reserve the right to modify or discontinue Pioneer Member benefits for legitimate operational, legal, or commercial reasons. Where we intend to reduce or remove a benefit, we will give Pioneer Members at least 30 days' prior notice by email or in-app notification before any such change takes effect.

1. Collection of Data: At scented.ai, we prioritize the privacy and protection of our users' data. We may collect and generate data about use of the Service, which may include app usage information, device type, operating system version, log data, and IP address. The personal information we collect also includes:

• Email Address
• Encrypted account credentials (your password is stored as a one-way cryptographic hash and is never stored in readable form)
• Username
• Country of Residence
• Gender (optional — you may select "don't want to answer")
• User's personal collection of perfumes
• Ratings and feedback provided by the user on various perfumes
• Subscription tier (Free or Pro)
• Subscription status (active, cancelled, expired)
• Subscription billing cycle (as selected at time of purchase)
• Subscription start date, renewal date, and expiry date
• Purchase transaction IDs
• Purchase receipt data (issued by Apple App Store or Google Play)
• Billing country (the country of your App Store or Google Play account, used for local pricing and applicable tax calculations — received via RevenueCat)
• App User ID (a unique identifier shared with RevenueCat to link your account to your purchases)
• Store platform (iOS App Store or Google Play — shared with RevenueCat to route and validate your purchases)

2. Purpose of Data Collection: The primary goal of collecting this data is to enhance the user experience on scented.ai by:

• Continuously improving and adjusting our algorithms to provide more accurate and personalized scent recommendations.
• Understanding user behavior and preferences to introduce relevant features, products, or updates.
• Managing your Scented.ai Pro subscription, including activating Pro features, processing renewals, and handling cancellations.
• Verifying purchases made through the Apple App Store or Google Play and preventing fraudulent transactions.
• Complying with applicable legal and tax obligations related to financial transactions, including retaining billing records as required by law.

3. Automated Decision-Making and Profiling: Our core service uses automated processing of your perfume collection, ratings, and preferences to generate personalised scent recommendations. This constitutes profiling under GDPR Article 4(4) and Serbian PDPL. You have the right to object to this profiling at any time by contacting support@scented.ai.
4. Data Protection: We employ advanced security measures to ensure the protection and confidentiality of the data collected. All data transmitted between your device and our servers is encrypted using TLS. Personal data is encrypted at rest. Access is restricted to authorised personnel on a need-to-know basis. Payment card data is never transmitted to or stored on our servers; it is handled exclusively by Apple and Google. We have entered into Data Processing Agreements (DPAs) with RevenueCat, PostHog, and Hetzner Online GmbH in accordance with GDPR Article 28 and Serbian PDPL Article 45.
5. Push Notifications: With your explicit permission, we may send you push notifications about personalised perfume recommendations. You may withdraw this permission at any time through your device's notification settings without affecting your access to the rest of the Service.
6. User Rights:

• Access: Users have the right to request details about the data we hold on them.
• Correction: Users can edit or update their personal data through their account settings at any time.
• Deletion: You have the right to request deletion of your account and associated personal data. Note that transaction IDs, purchase receipts, and billing records are subject to legal retention requirements (minimum 7 years from the transaction date) and cannot be fully deleted within that period.

7. Data Breach Notification: In the event of a personal data breach likely to result in a risk to your rights and freedoms, we will notify the competent supervisory authority within 72 hours and, where required, notify affected users directly without undue delay.
8. Data Sharing: scented.ai does not sell or rent user data to third parties. Data may be shared with service providers named below solely for the purpose of enhancing the platform's functionality or as required by law.
9. Third-Party Integrations: We use PostHog as an analytics tool within the native iOS and Android apps and on our server (PostHog does not set cookies in your browser). We use RevenueCat to manage Pro subscription entitlements, billing cycles, and purchase validation. We use Google Sign-In (Google LLC) as an optional authentication method; by using it, your data is also subject to Google's Privacy Policy. For full details on what each processor handles, see our Privacy Policy.
10. Cookies: scented.ai's native apps do not use browser cookies. Our website may use essential technical cookies only. We do not use cookies for advertising purposes.
11. Updates to this Section: From time to time, scented.ai may update this Data Protection and Privacy section to reflect changes in practices or for other operational, legal, or regulatory reasons.

By using scented.ai, users acknowledge and agree to this Data Protection and Privacy policy. For full details, please review our Privacy Policy.

1. Informal Resolution: Before initiating any formal dispute resolution proceedings, users are encouraged to contact scented.ai at support@scented.ai to try and resolve the matter amicably. We aim to address all concerns and resolve disputes promptly and fairly.
2. Governing Law: These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Serbia.
3. Jurisdiction: Subject to clause 4 below, the competent courts of the Republic of Serbia (seated in Novi Sad) shall have jurisdiction over any disputes or claims arising from these Terms and Conditions.
4. Consumer Rights: If you are a consumer residing in the European Union, the EEA, Serbia, or any other jurisdiction with mandatory consumer protection legislation, you retain the right to bring claims before the courts of your country of residence. Mandatory consumer protection laws of your country of residence that cannot be excluded by contract shall prevail over any conflicting provision in this section.

By engaging with the scented.ai platform, users acknowledge and agree to the dispute resolution procedures outlined in this section.

1. Disclaimer of Warranties: The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy of content, or non-infringement. Scented.ai does not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
2. Cap on Liability: To the maximum extent permitted by applicable law, Scented.ai's total liability to you for any claim arising out of or in connection with these Terms or the Service shall not exceed the greater of: (a) the total amount you paid to Scented.ai in the 12 months immediately preceding the claim; or (b) €50.
3. Exclusion of Consequential Damages: Scented.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, arising out of or in connection with these Terms or your use of the Service, even if advised of the possibility of such damages.
4. Recommendations Disclaimer: Scent recommendations generated by our algorithms are provided for informational and entertainment purposes only. Scented.ai is not liable for any adverse reactions — including allergic reactions or skin conditions — arising from the use of any perfume or product recommended through the Service. Users with known sensitivities should review product ingredients and consult a medical professional before use.
5. Third-Party Services: Scented.ai is not liable for the content, accuracy, availability, or practices of any third-party website, service, or platform linked to or integrated within our platform, including the Apple App Store, Google Play, RevenueCat, or PostHog.
6. Consumer Rights: Nothing in this section excludes or limits any rights you have under mandatory consumer protection laws applicable in your country of residence that cannot be excluded or limited by agreement. If you are a consumer in the EU, EEA, Serbia, or another jurisdiction with mandatory consumer protection legislation, your statutory rights remain unaffected by these limitations.

1. Right to Update: scented.ai reserves the right to modify, amend, or revise these Terms and Conditions at any time. Any changes will be aimed at improving the user experience, addressing new functionalities, rectifying any inconsistencies, or in response to regulatory requirements, among other reasons.
2. Notification: Whenever significant changes are made to these Terms and Conditions, scented.ai will make reasonable efforts to notify users through a mandatory in-app notice on first launch following the update, a notification upon login, or via email. However, it remains the responsibility of users to periodically review these terms to ensure they are aware of any updates.
3. Effective Date: Changes to the Terms and Conditions will become effective immediately upon being posted on the platform, unless otherwise stated in the notice.
4. Acceptance: Continued use of the scented.ai platform after any changes to these Terms and Conditions will constitute acceptance of and agreement to the modified terms. If users do not agree with the updated Terms and Conditions, they should refrain from using the platform and consider terminating their account.
5. Archival: For users' reference and peace of mind, scented.ai will endeavor to keep an archive of previous versions of these Terms and Conditions, which can be made available upon request.
6. Queries: Users with concerns or questions regarding any changes to these Terms and Conditions are encouraged to contact scented.ai's support team for clarity.

By engaging with the scented.ai platform, users acknowledge and agree to the provisions outlined in this section and understand that it's their responsibility to stay informed of any changes to the Terms and Conditions.

1. Severability: If any provision of these Terms and Conditions is found by a competent court or authority to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, lawful, and enforceable. If such modification is not possible, the provision shall be deemed deleted. Any such invalidity, unlawfulness, or unenforceability shall not affect the remaining provisions of these Terms and Conditions, which shall continue in full force and effect.
2. Entire Agreement: These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and scented.ai with respect to your use of the Service and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written. No statements made in marketing materials or communications outside these documents shall form part of this agreement unless expressly incorporated herein.
3. Assignment: You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent. scented.ai may assign or transfer its rights and obligations under these Terms and Conditions — for example, in connection with a merger, acquisition, or sale of assets — provided that such assignment does not materially prejudice your rights. We will notify you of any such assignment.
4. Waiver: No failure or delay by scented.ai to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
5. Force Majeure: scented.ai shall not be liable for any failure or delay in performance of its obligations under these Terms and Conditions caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, governmental action, failure of third-party infrastructure (including the Apple App Store, Google Play, or payment processors), or major internet or power outages. In such circumstances, scented.ai will take reasonable steps to resume performance as soon as practicable.

1. Primary Contact Method: Users who have questions, concerns, or feedback related to scented.ai or these Terms and Conditions are encouraged to reach out to us via email.
2. Email Address: Our dedicated support email address is: support@scented.ai
3. Data Controller: Scented.ai is operated by Evgenii Razinkov pr Novi Sad, Mite Ružića 2, Novi Sad, Serbia (matični broj: 67620046; PIB: 114493269).